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HomeMy WebLinkAbout08-4588~S - Ys88 ~'l ~ STIPULATIONS AGAINST LIENS Richard C. 8~ Jan N. LeBlanc Owners In the Court of Common Pleas County of Cumberland County versus C ~ C Residential Builders, Inc. Contractor WHEREAS, Richard C. & Jan N. LeBlanc, Owners, of Mechanicsburg, Cumberland County, Pennsylvania, is about to execute contemporaneously herewith, a contract, with C & C Residential Builders, Inc. of Mechanicsburg, Cumberland County, Pennsylvania for the renovations to a residential building upon a lot of land situate at described on Exhibit "A", attached hereto and made a part hereof; and, WHEREAS, Richard C. & Jan N. LeBlanc, are the owners in free simple of said land, and has employed C & C Residential Builders, Inc. of Mechanicsburg, Pennsylvania as Contactor for the construction of the project. NOW, THEREFORE, Contractor, intending to be legally bound hereby, does hereby, for Contractor and any and all Subcontractors, materialmen and parties acting for Contractor and parties acting for, through or under Contractor, them or any of them, conversant and agree with Owners that no mechanics' liens or claims shall be filed or maintained by Contractor, them or any of them, against the above described real estate, or the building to be erected thereon, or any of them, for or on account of any work done or materials furnished under said agreement or under any Subcontract or any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of said real estate development project of any of them or otherwise; and Contractor, for Contractor and any and all Subcontractors, materialmen and parties acting through or under Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or building or any of them. This Agreement waiving the right of lien shall be an independent conversant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the said real estate development project as to any work and labor done and materials furnished under the said agreement. In order to give Owners full power and authority to project the said real estate and building or any of them against any and all mechanics' liens or claims filed by Contractor or anyone acting for, through or under Contractor or in violation of this Agreement, Contractor for himself, itseff and all such aforesaid Subcontractors, materialmen and parties acting for, through or under Contractor, hereby irrevocably authorizes and empowers any attomey of any other Court of Common Pleas of the Commonwealth of Pennsylvania or any attomey of any other court or jurisdiction there or elsewhere, to appear in any of said courts or jurisdictions for Contractor, them or any of them, and mark satisfied of record, at the cost and expense of Contractor, or any such Subcontractor, materialmen or other party, any and all claim or claims, lien or liens, filed by or for Contractor, them or any of them, or in his, its or their name against the said real estate, building, or any part thereof, and, for such acts this shall be a good and sufficient warrant and authority, and a reference to the Court, term and number or place in which this Agreement and Stipulation shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Contractor, for himself and all such parties, does hereby remise, release and quitclaim unto Owners and his and each of his certain attomey or attorneys any and all manner of error and errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same: This Agreement and Stipulation is made and intended to be filed with the Prothontary of the Court of Common Pleas of Cumberland County, within ten days after date hereof in accordance with the requirements of law in such case provided. It is expressly understood that the foregoing Stipulation and all of the provisions and remedies herein contained shall be available to and for the protection of the Owners and his respective heirs, administrators, executors, representatives and assigns. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some of any of them. For the purpose of this Agreement and Stipulation, the singular shall be deemed to include the plural, and the neuter shall be deemed to included the masculine and feminine, as the context may require. NOW, ~l V Lys ~ ~ 2008, at the time of and immediately before the execution of the principle contract, and before any authority has been given by the said Richard C. & Jan N. LeBlanc to the said C & C Residential Builders, Inc. to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Richard C. & Jan N. LeBlanc and the further consideration of One Dollar, to C & C Residential Builders, Inc. paid by Richard C. & Jan N. LeBlanc, it is agreed that no lien shall be filed against the building by the Contractor, or any Subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens belong expressly waived. IN WITNESS WHEREOF, Contractor with intent t be legally bound hereby, has hereunto signed and sealed these presents this ~~`21ay ofd, 20 O COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kelli L. Bender, Notary Public By ,~j~,~~ ~ ~j Q,~,w.~t~G (SEAL) Carroll Twp., YorkCounty -.-~ My Cortxnission E~ires Marl, 22, 2011 Title P,vss r ~ ~+'~' Member, Pennsylvania Association of Notaries STATE OF ~~I' COUNTY OF u~/K--~ ~ 11• On 2 r ~,I~efore me, ~. t ter ,personally appeared e6 b er '„ ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS an anq' offic' al: Signature 1 Affiant: nown Unknown ID Produced `V ~ (Seal) 401,AH1-VYarronMl~d. Shat Farm. Adof 1901. ManryMoN, hic.,.hidiwp, PA MADE THE 21st day of May in the year of our Lord one thousand nine hundred E j,gj~t y.. s lx (19 $ 6) . BETIPEEN SAMUEL CHARLES GRUBER, III, singgle man, of the Township of -Silver Spring, County. of Cumberland and State of Pennsylvania, Grnntor and RICHARD C. LeBLANC and JAN N. LeBLANC, his wife-; of 930 Braeburn Road, Elizabethtown, Pennsylvania, 1702.2, Grantee s r WITNESSETH, that in consideration of Eighteen Thousand Five Hundred ----------- ..~-_~-,,..-------------------------------------- ($18;500.00) Douars, in hand paid, the receipt. whereof is hereby acknowledged, the said grantor do eS hereby grant and convey to the saidgranteeg.~ their heirs -and assigns, ALL THAT CERTAIN lot of ground. situate in the Township of Silver Spr~.ng, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at a point in the center line of Bali Hai Road (T-599) at .the Northwest corner of Lot No, 1 on the Final Subdivision Plan foz Samue~'C. Gruber; thence along the said Lot No. 1, South OS degrees S4 minutes 00 seconds East 129.50 feet to an iron pin;.. thence further by same, North 84 degrees Ob minutes 00 seconds East .100,00 feet to an iron pin;, thence s-till by same.,. South 61 degrees 15 minutes 20 seconds East 162.72 feet to_a point; "thence further by same, South 06 de- grees 34 minutes 00 seconds East 83.00 feet to an iron pin at the Conodoguinet Creek; thence by said Conodoguinet Creek, South 69 degrees 00 minutes 43 seconds West 279,68 feet to a post; thence by- land now or formerly of S, Quackenbush, South 89 degrees 59 minutes. l2 seconds West 774.36 feet to an iron pin in Bali-Hai Road (T-599); thence through said road and along the center line thereof, North 44 degrees 13 minutes 00 seconds vox X31,. Pa~E ~.~ East 445,03 feet to a po~.nt, thence further by same road and along the center line.. thereof, North 84 degrees 06 minutes 00 seconds East 415, 72 .feet to a nail in center line of-said road, the point and place of Beginning. BEING Lot No, 2 on Final Subdivision Plan for Samuel C. Gruber .recorded in the Recorder`s Office in and for said Cumberland County in Plan Book 49, .Page 31. This conveyance is made UNDER AND SUBJECT to such rights- of way and easements as ar.e shown on said plan and as appear of record or are visible on the land, and such conditions as may now_be imposed on .said. lot.. --- -_ _ -- - BEING a part of the premises which Walter E, Basehore and Nellie D,-Basehore, his wife, by their Deed dated May 21, 1981, and recorded in the Recorder`s Office in and fdr acid Cumberland County in Deed Book "K`', Vol, 29; Page 986,. granted and conveyed unto Samuel Charles Gruber,~III; the:.: .~ Grantor herein, *~ C.~~~~ mot pis~,G~b, .Co.. t~. 6th. T Try . ~.:M.6. Ce. otai. Col. ~ •. ~ M COMM{7NWEAtTH tJF PENNSYI.YANfR~ =_ DEPARTMENT OF REVENUE =-- REAItY ~~~ • ~ ~ ~' ~7 i~ IRRNS~ER ~ -_ \ANi~Q. .~ c...~. o.. ~+: ct~= AND the said grantor hereby covenant and agree S that he w~U warrant Generally the property hereby conveyed. v ~} - ~4~ - ~-. rv - -- - `, ..-~ ':~ =i ...~ _~ '~~' Tf5 -~ ...~} rn i"i ~ +L? ~ :--- . t7e BOOK a3i. PAGE ~,'~ • ~K~( 31 nice 170 . ~_ IN WITNESS WSERE©F, said grantor has hereunto aet • hl: S hand and seal the dar and year first above written.. tea, Via, ~ ~ ~ Samuel Charles Gruber, II I _' L /-i .- ~ ` 8~~ l `~~ .' State of Pennsylvania sa. Corcntyof Cumbezland On this, the ~ 21 t ~ of jay , Z9 ~6 , before me, a Notary Pubic in and for said State and County, the undersigned o,~ccer, pemonolly appeared SAMUEL CHARLES GRUBER, III, single man, known to me (or satisfactorily propen) to be the person whose name 1S subscribed to the within ~~~[e~r vtstrrament; and aciEnoakdged that he executtd the same for the purposes therein, contginl~t~ d "'4r,. IN WITNESS WEEREOI; I hereunto set myhand and o,~eial seal. , ~ ~.~ ~~~„ •.,~ ~~.`,~ • ~) . ss f'~ 1 ;~ /g.•`-._;~1,~ ~+,"~=gyp _ ~i~S . IIYIARi !'filLllfi: 3-. „ ~: ~EClMMC ~ B4ilQ. CYi ; . '~ - C ~ - ~ . .1'~iw~ Jk~eddiew el ~ o~` ; • e1,•'.~ . ,. ~~ State of aa. Couniy of ~' ~ ~' of . I9~ ,before me, the undersigned of~cey persoa~j• aPPeared known to me (or satisfactorily protaen} to be the person whose subscribed to the within instrument, and acknowledged that he esecuted the same for the purposes thoren contained IN WITNESS WHEREOF, I hereunto set mr hand and ofje«al seat, S L do hereby certify that the precise residence and complete post office address of the within named grantee is ~~~ ~ a ti ~,, ~ (Z d i ~~~ti~~wN PA 170ZZ 5 ~23 I98~ Attornry for ~Ov~}~ ~S ~ a ~ ~ ~° ~ t-{ H F-t ~ b 4•[ W N$ p4 oa C'3 ~ ~ c/3 H ~ U ~ a e y x U <U V ~] a ~ H C ~ tY.~ h H z x a C O M~IO N 1 PEA ! L T H O F PE NNS YL PA NI A Cou o - , RECORDED on this ~y of ;~~ =< ° d A. D. I9-!~.~,,tn the Recorder's ofj'tce of the said County,-t~-`B~~ ~!` k y ~ ~,~ =~ ~ ^". Vol: ~ l ~ ~ -- ~'~ # ~- ~ . , -, e !~ :~ Page ~ ~ . "~--. ~ ~ ,. ~ ~ ~. ~ / ~) Gitien under my hand and the seal o t t,(i - - ~ ~ " ' •° ~~ 4 rw ~ i E~ as f ;_, ..s $~JOKX r~j. 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